Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)

Section: 13,11,19,3(2),3(vi)

Law: Civil Procedure Code (V of 1908)

Section: 100

  West Pakistan Urban Rent Restriction Ordinance (VIof 1959), S. 13 read with Ss. 11 & 19-Controller has discretion to make an order in favour of landlord under S. 13(2)(vi)-Conversion of residential into non-residential building-Contravention of mandatory provision of S. 11, although punishable under S. 19, not a ground on which application for ejectment can be resisted.   In the scheme of the West Pakistan Urban Rent Restric tion Ordinance, 1959 while a restriction on indiscriminate conversion of residential buildings into non-residential buildings has been imposed by section 11, whose contravention is punishable under section 19, with a view to safeguard the availability of residential space, such a conversion without permission has not been made a ground for the dismissal of a petition under section 13. Although, the Controller has been given a discretion to make an order in favour of the landlord on ground (vi) of subsection (2) of section 13, and is not bound to do so, nevertheless, the contravention of section 11 is not one of the sure grounds on which an application for ejectment could be resisted.   West Pakistan Urban Rent Restriction Ordinance (VIof 1959), S. 3(2)(vi)-Words "may" and "shall"-Purposely used in Ordinance to give or take away discretion of Controller Controller not bound either to accept or dismiss landlord's petition on ground (vi) of S. 13(2).   Commissioner of Income-tax v. Hoosen Kasam Dada P L D 1960 Dacca 506 ; Commissioner of Income-tax, East Pakistan v. Aizuddin Gazi P L D 1960 Dacca 535 and Ghulam Hussain v. Muhammad Rafiq P L D 1965 Kar. 468 ref.   West Pakistan Urban Rent Restriction Ordinance (VIof 1959), S. 13--Provision having effect of curtailing rights of landlord to evict under Transfer of Property Act (IV of 1882)To be construed strictly.   Abdul Hafez v. M. Daud Ali P L D 1961 Dacca 34 ref.   Civil Procedure Code (V of 1908), S. 100-Second appeal-Plea of law or fact-Not raised at earlier stage but if raised would have been successfully met-Such plea cannot be entertained in Second appeal.   S. M. Mundode v. New Mofassil Co. Ltd. A I R 1946 P C 97;…